MADURAI: Expressing serious concern over the safety of data privacy of voters, the Madurai Bench of the Madras High Court on Monday ordered interim injunction, restraining DMK from sending OTP verification messages to enroll voters as part of its ‘Oraniyil Tamil Nadu’ campaign, until the issues of voters’ privacy and data protection are examined.
A bench comprising justices SM Subramaniam and AD Maria Clete passed the interim order on a Public Interest Litigation (PIL) filed by S Rajkumar of Thiruppuvanam taluk in Sivaganga, seeking legal action against DMK and its functionaries for alleged unauthorised collection of Aadhaar and other personal details of individuals during the campaign.
The judges directed all authorities concerned to provide details on the data privacy policy employed in the above membership drive, whether informed consent is obtained from individuals during the drive, and the purpose of collecting individual data. The union ministry of information technology, Unique Identification Authority of India (UIDAI) and the DMK are also parties to the case. The case has been adjourned for two weeks for filing counter-affidavit and supporting documents.
The bench observed that freedom of political expression cannot be exercised freely if details on political affiliation are not held private. Information about a person’s political beliefs can be used by the state to suppress dissent and to discriminate by denying employment and subjecting them to trolls, the judges said. Even digital membership drive by political parties is also a data privacy concern that has to be addressed, they added.
“Hence, clarity is required as to the means adopted by the political parties to collect data from the public. In the present case, a door-to-door data collection and membership drive is conducted but how this data is stored and processed and the implications on the right to privacy of the voters, including the right to privacy of political affiliation ought to be examined,” the judges said, worried that the personal data collected by the political party could potentially be used by a third-party firm managing the data on behalf of the party.
The judges also observed that a valid and free consent is an essential part of the membership programme organised by political parties and no force or coercion should be employed by the political parties during such membership drives.
In a separate order, Justice Clete said she initially had reservations in passing an interim order without hearing the party concerned. She, however, concurred with Justice Subramaniam on the significance of right to privacy and seriousness of the data protection concerns, especially in the light of OTP-linked authentication. She therefore agreed with the grant of the limited interim relief but emphasised that the same has been granted in the absence of a counter-affidavit without full knowledge of the programme’s operational framework. Justice Clete further sought response from the centre on the specific operational aspects and institutional framework under the Digital Personal Data Protection Act, 2023.
Petitioner Rajkumar had alleged that DMK workers demand personal identification documents of residents and their family members, including their Aadhaar card, voter ID, bank passbook, among others. They also get personal mobile numbers of residents and without their permission and knowledge, enrol them as members of the party by verifying a One Time Password (OTP) sent to their number. If anyone refuses to comply, the cadre threaten them that all government benefits to their family would be permanently suspended, Rajkumar further claimed.